Baldev Singh vs Gurmukh Singh and Others

K. Kannan, J.—All the three appeals are connected and they arise out of the same accident.

FAO No. 613 of 1998 is a claim for enhancement of compensation for death of a male aged 27 years. He was a labourer and in the accident he was said to have suffered an amputation of one of his legs below the knee. The doctors who had examined him had assessed the disability at 50%. The assessment of compensation of Rs. 1,50,000/- is inadequate and I rework the compensation. The various heads of compensation as under:-

In the manner of assessment of compensation under each one heads, I have taken disability assessed also resulting in equal percentage of loss of earning capacity. The total compensation shall be Rs. 5,41,000/-. The amount in excess of what has already been granted by the Tribunal shall attract interest at the rate of 7.5% per annum from the date of petition till the date of payment.

The award is modified and the appeal is allowed to the above extent.

FAO No. 614 of 1998 is for compensation for death of a boy aged 20 years. The claimants are parents. He was said to be a tailor and was earning Rs. 2,000/- per month. The tribunal assessed a compensation of Rs. 2 lacs. I take the income as taken already by the tribunal but will provide for a prospect of increase and re-work the compensation and tabulate the various heads as under:-

The total compensation payable shall be Rs. 3,00,000/-. The amount in excess of what has already been granted by the Tribunal shall attract interest at the rate of 7.5% per annum from the date of petition till the date of payment. The claimants shall have the amount distributed equally.

The award is modified and the appeal is allowed to the above extent.

FAO No. 615 of 1998 is for compensation for damage to the tractor and the cost of repairs of the accident. The tribunal dismissed the petition filed at the instance of the owner observing that no certified report had been filed and the compensation could not be awarded. I find that it was a serious enough accident that caused death of two persons and also caused serious injuries to some persons. Even in the absence of any document I take it that he would have incurred at least 5,000/- as damage to the vehicle and I award a compensation of 5,000/- with interest at the rate of 7.5% per annum from the date of petition till the date of payment.

The appeal is allowed to the above extent.

The liability in all the cases shall be as already assessed by the tribunal. The right of enforcement shall therefore be available against the insurance company.